32B-10-304.  Specific operational requirements for a public service permit.

(1) 

Terms Used In Utah Code 32B-10-304

  • Beer: means a product that:
(i) contains:
(A) at least . See Utah Code 32B-1-102
  • Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102
  • Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102
  • Furnish: includes to:
    (i) serve;
    (ii) deliver; or
    (iii) otherwise make available. See Utah Code 32B-1-102
  • hospitality room: means a room or facility:
    (1) that a public service permittee operates; and
    (2) in which an alcoholic product is sold, offered for sale, furnished, or consumed. See Utah Code 32B-10-302
  • Licensee: means a person who holds a license. See Utah Code 32B-1-102
  • offer for sale: means a transaction, exchange, or barter whereby, for consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered, delivered for value, or by a means or under a pretext is promised or obtained, whether done by a person as a principal, proprietor, or as staff, unless otherwise defined in this title or the rules made by the commission. See Utah Code 32B-1-102
  • Package agency: means a retail liquor location operated:
    (a) under an agreement with the department; and
    (b) by a person:
    (i) other than the state; and
    (ii) who is authorized by the commission in accordance with 6, to sell packaged liquor for consumption off the premises of the package agency. See Utah Code 32B-1-102
  • Permittee: means a person issued a permit under:
    (a) Chapter 9, Event Permit Act; or
    (b) Chapter 10, Special Use Permit Act. See Utah Code 32B-1-102
  • Person: means :Utah Code 68-3-12.5
  • Public conveyance: means a conveyance that the public or a portion of the public has access to and a right to use for transportation, including an airline, railroad, bus, boat, or other public conveyance. See Utah Code 32B-1-102
  • Staff: includes :
    (i) an officer;
    (ii) a director;
    (iii) an employee;
    (iv) personnel management;
    (v) an agent of the licensee, including a managing agent;
    (vi) an operator; or
    (vii) a representative. See Utah Code 32B-1-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • State store: means a facility for the sale of packaged liquor:
    (i) located on premises owned or leased by the state; and
    (ii) operated by a state employee. See Utah Code 32B-1-102
  • Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102
  • (a)  In addition to complying with Section 32B-10-206, a public service permittee and staff of the public service permittee shall comply with this section.

    (b)  Failure to comply as provided in Subsection (1)(a) may result in disciplinary action in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:

    (i)  a public service permittee;

    (ii)  individual staff of a public service permittee; or

    (iii)  both a public service permittee and staff of the public service permittee.
  • (2) 

    (a)  A public service permittee whose public conveyances operate on an interstate basis may do the following:

    (i)  purchase an alcoholic product outside of the state;

    (ii)  bring an alcoholic product purchased outside of the state into the state; and

    (iii)  sell, offer for sale, and furnish an alcoholic product purchased outside of the state to a passenger traveling on the public service permittee’s public conveyance for consumption while en route on the public conveyance.

    (b)  A public service permittee whose public conveyance operates solely within the state, to sell, offer for sale, or furnish to a passenger traveling on the public service permittee’s public conveyance for consumption while en route on the public conveyance, shall purchase:

    (i)  liquor from a state store or package agency; and

    (ii)  beer from a beer wholesaler licensee.

    (3) 

    (a)  A public service permittee may establish a hospitality room, if:

    (i)  the room is located within a depot, terminal, or similar facility adjacent to and servicing the public service permittee’s airline, railroad, bus, boat, or other public conveyance;

    (ii)  the room is completely enclosed and the interior is not visible to the public;

    (iii)  the sale, offer for sale, or furnishing of an alcoholic product is made only to a person:

    (A)  then in transit using the public service permittee’s airline, railroad, bus line, or other public conveyance; and

    (B)  holding a valid boarding pass or similar travel document issued by the public service permittee; and

    (iv) 

    (A)  liquor is purchased from:

    (I)  a state store; or

    (II)  a package agency; and

    (B)  beer is purchased from a beer wholesaler licensee.

    (b) 

    (i)  A public service permittee operating a hospitality room shall display in a prominent place in the hospitality room, a sign in large letters that consists of text in the following order:

    (A)  a header that reads: “WARNING”;

    (B)  a warning statement that reads: “Drinking alcoholic beverages during pregnancy can cause birth defects and permanent brain damage for the child.”;

    (C)  a statement in smaller font that reads: “Call the Utah Department of Health at [insert most current toll-free number] with questions or for more information.”;

    (D)  a header that reads: “WARNING”; and

    (E)  a warning statement that reads: “Driving under the influence of alcohol or drugs is a serious crime that is prosecuted aggressively in Utah.”

    (ii) 

    (A)  The text described in Subsections (3)(b)(i)(A) through (C) shall be in a different font style than the text described in Subsections (3)(b)(i)(D) and (E).

    (B)  The warning statements in the sign described in Subsection (3)(b)(i) shall be in the same font size.

    (iii)  The Department of Health shall work with the commission and department to facilitate consistency in the format of a sign required under this section.

    (c)  A hospitality room shall be operated in accordance with this chapter and rules adopted by the commission.

    Amended by Chapter 6, 2020 Special Session 6